Posible ILR with Lawful Residncy 3yrs + 1YrSEGS + 3Yrs HSMP?

[saayinla]

Hi All,


Can someone please shed some light on the above suggestion, According to the Statement Of ChangeS In ImmIgratIOn ruleS Document Laid before Parliament on 16 March 2011 under section 3(2) of the Immigration Act 1971.

It Clearly state you can achieve ILR after 5 lawful Years continuous residency in the Uk with the Most recent being in HSMP/Tier 1 Category. Notice how it did not say 5 years under Tier 1, even though the Guidance note says otherwise, Do you think this is a valid Argument?

Was on a Masters Degree for 3 years + 1 years SEGS + 3 Yrs+ HSMP/Tier 1.


"245CD. requirements for indefinite leave to remainTo qualify for indefinite leave to remain, a Tier 1 (General) Migrant must meet the requirements listed below. if the applicant meets these requirements, indefinite leave to remain will be granted. if the applicant does not meet these requirements, the application will be refused.requirements:

(a) The applicant must not have one or more unspent convictions within the meaning of the rehabilitation of offenders act 1974.

(b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(c) Unless the application is being made under the terms of the HsMP ilr Judicial review Policy document , the applicant must have spent a continuous period of 5 years lawfully in the UK, of which [b]the most recent period must have been spent with leave as a Tier 1[/b] (General) Migrant, in any combination of the following categories:(i) as a Tier 1 (General) Migrant,(ii) as a Highly skilled Migrant,(iii) as a Work Permit Holder,(iv) as an innovator,(v) as a self-employed lawyer,(vi) as a Writer, Composer or artist,(vii) as a Tier 2 (General) Migrant, a Tier 2 (Minister of religion) Migrant or a Tier 2 (sportsperson) Migrant, or(viii) as a Tier 2 (intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as a Tier 2 (intra-Company Transfer) Migrant granted under the rules in place before 6 april 2010.

(d) if the applicant has or has had leave as a Highly skilled Migrant, a Writer, Composer or artist, a self-employed lawyer or as a Tier 1 (General) Migrant under the rules in place before 19 July 2010, and has not been granted leave in any categories other than these under the rules in place since 19 July 2010, the applicant must have 75 points under paragraphs 7 to 34 of appendix a.

(e) Where the application is being made under the terms of the HsMP ilr Judicial review Policy document, the applicant must have a continuous period of 4 years lawful leave in the UK, of which the most recent must have been spent with leave as a Tier 1 (General) Migrant, in any combination of the following categories:(i) as a Tier 1 (General) Migrant;(ii) as a Highly skilled Migrant;(iii) as a Work permit Holder; or(iv) as an innovator."

[[iD]]

Hi All,


Can someone please shed some light on the above suggestion, According to the Statement Of ChangeS In ImmIgratIOn ruleS Document Laid before Parliament on 16 March 2011 under section 3(2) of the Immigration Act 1971.

It Clearly state you can achieve ILR after 5 lawful Years continuous residency in the Uk with the Most recent being in HSMP/Tier 1 Category. Notice how it did not say 5 years under Tier 1, even though the Guidance note says otherwise, Do you think this is a valid Argument?

Was on a Masters Degree for 3 years + 1 years SEGS + 3 Yrs+ HSMP/Tier 1.


"245CD. requirements for indefinite leave to remainTo qualify for indefinite leave to remain, a Tier 1 (General) Migrant must meet the requirements listed below. if the applicant meets these requirements, indefinite leave to remain will be granted. if the applicant does not meet these requirements, the application will be refused.requirements:

(a) The applicant must not have one or more unspent convictions within the meaning of the rehabilitation of offenders act 1974.

(b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(c) Unless the application is being made under the terms of the HsMP ilr Judicial review Policy document , the applicant must have spent a continuous period of 5 years lawfully in the UK, of which [b]the most recent period must have been spent with leave as a Tier 1[/b] (General) Migrant, in any combination of the following categories:(i) as a Tier 1 (General) Migrant,(ii) as a Highly skilled Migrant,(iii) as a Work Permit Holder,(iv) as an innovator,(v) as a self-employed lawyer,(vi) as a Writer, Composer or artist,(vii) as a Tier 2 (General) Migrant, a Tier 2 (Minister of religion) Migrant or a Tier 2 (sportsperson) Migrant, or(viii) as a Tier 2 (intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as a Tier 2 (intra-Company Transfer) Migrant granted under the rules in place before 6 april 2010.

(d) if the applicant has or has had leave as a Highly skilled Migrant, a Writer, Composer or artist, a self-employed lawyer or as a Tier 1 (General) Migrant under the rules in place before 19 July 2010, and has not been granted leave in any categories other than these under the rules in place since 19 July 2010, the applicant must have 75 points under paragraphs 7 to 34 of appendix a.

(e) Where the application is being made under the terms of the HsMP ilr Judicial review Policy document, the applicant must have a continuous period of 4 years lawful leave in the UK, of which the most recent must have been spent with leave as a Tier 1 (General) Migrant, in any combination of the following categories:(i) as a Tier 1 (General) Migrant;(ii) as a Highly skilled Migrant;(iii) as a Work permit Holder; or(iv) as an innovator."

Please also read the red text as well.